Opinion
NUMBER 13-19-00023-CR NUMBER 13-19-00024-CR
04-25-2019
MATTHEW DAVID LEAL, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 186th District Court of Bexar County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Memorandum Opinion Chief Justice Contreras
Appellant, Matthew David Leal, attempts to appeal his convictions for robbery and aggravated robbery. The trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal," and "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2).
This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 1st C.S.).
On January 15, 2019, this Court notified appellant's counsel of the trial court's certifications and ordered counsel to: (1) review the record; (2) determine whether appellant has a right to appeal; and (3) forward to this Court, by letter, counsel's findings as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the existence of any amended certification.
On April 17, 2019, counsel filed a letter brief with this Court. Counsel's response does not establish that the certifications currently on file with this Court are incorrect or that appellant otherwise has a right to appeal.
The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if the trial court's certification does not show that the defendant has the right of appeal. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, these appeals are DISMISSED.
DORI CONTRERAS
Chief Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 25th day of April, 2019.